Maddox Farm Divvied Up Between Ham McFall and the Nieces and Nephews, Chancery Cause 1906-105, Augusta Co., VA

Last week I told you about my McFall family and their role in an Augusta County, Virginia Chancery Cause. I introduced you to the relatives in “The McFall’s and Chancery Cause 1906-105, Augusta Co. VA”.

Plaintiffs, Heirs, and Children of Radie McFall and James A. McFall:

   Clara (nee McFall) Irvine, wife of Howard S. Irvine

   Flora (nee McFall) Bolen

   Kinzer McFall

   Paul McFall

   Lacy McFall

Defendant:

   Hamilton B. McFall, Brother-in-law to Radie McFall and Uncle to the McFall Heirs

You can see what Uncle Hamilton McFall had to say about it in blog post “H. B. McFall Answers Radie McFall’s Heirs Chancery Cause 1906-105, Augusta Co. VA”.

H. B. McFall paid $3,136 for the Maddox farm as an investment for himself and sister-in-law, Radie McFall (while Radie was still living). A few years after Grandmother Radie passed, the McFall children initiated a Chancery Cause to claim their share of her estate in 1894.

Uncle Hamilton offered to have the 298-acre farm divided by the Court Commissioners and then execute a deed to the McFall children for one-half of the farm. Commissioner Henry W. Holt thought this was a fine solution and recommended this action April 24, 1897.

May 12, 1897, Commissioners Hugh Baxter, A. C. Blair and W. A. Obaugh partitioned the farm although not as expected.

The Commissioners assigned ninety-seven acres, two roods, and two poles of the Maddox farm to Radie’s children--Clara (McFall) Irvine, Flora (McFall) Bolen, Kinzer McFall, Paul McFall and Lacy McFall. As you can see from the plats below, their lot (No. 1) included the mansion house.

The Commissioners designated Lots No. 2 and No. 3 to Hamilton B. McFall. Lot No. 2 contained 74 acres and Lot No. 3 130 acres--a total of 204 acres assigned to Uncle Ham.

Timber on the land belonging to Radie’s heirs needed to be cut and sold, so the Commissioners appointed Howard S. Irvine a Special Receiver to dispose of the timber. The money raised would be used to pay for court costs.

More to come

To see the complete chancery record visit the Library of Virginia website at http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=015-1906-105